- Latest available (Revised)
- Original (As adopted by EU)
After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.
The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.
There are currently no known outstanding effects for the Commission Implementing Decision of 24 April 2012 exempting the production and wholesale of electricity produced from conventional sources in Germany from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (notified under document C(2012) 2426) (Only the German text is authentic) (Text with EEA relevance) (2012/218/EU), Introductory Text.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors(1), and in particular Article 30(5) and (6) thereof,
Having regard to the request submitted by Bundesverband der Energie- und Wasserwirtschaft e.V. (Federal Association of the Energy and Water Industry) (hereinafter referred to as BDEW) by e-mail of 26 October 2011,
Whereas:
I. FACTS
II. LEGAL FRAMEWORK
III. ASSESSMENT
IV. CONCLUSIONS
HAS ADOPTED THIS DECISION:
The exemption request is intended to cover also activities linked to electricity generation, such as combined heat and power stations.
According to Eurostat data on Environment and Energy of 11/2010, in 2008 there were reported more than 450 electricity generator companies in Germany representing at least 95 % of the net electricity generation.
EEG regulates: priority connection to the grid systems for general electricity supply of installations generating electricity from renewable energy sources and from mine gas; priority purchase, transmission, distribution of and payment for such electricity by the grid system operators, also in relation to electricity from combined heat and power (CHP) generation, and including premiums for integrating this electricity in the electricity supply system; and the nationwide equalisation scheme for the quantity of electricity purchased for which a tariff or premium has been paid.
Within the meaning of EEG, and under the conditions set out therein, ‘renewable energy sources’ means hydropower, including wave power, tidal power, salt gradient and flow energy, wind energy, solar radiation, geothermal energy, energy from biomass, including biogas, biomethane, landfill gas and sewage treatment gas, as well as the biodegradable fraction of municipal waste and industrial waste.
Within the meaning of this Decision electricity generated from conventional sources, and conventional electricity, means electricity which does not fall within the scope of the EEG.
According to the ‘Monitoring Benchmark Report 2011’ by Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (EN translation), p. 9.
According to the ‘Monitoring Benchmark Report 2011’ by Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (EN translation), p. 10.
According to the ‘Monitoring Benchmark Report 2011’ by Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (EN translation).
Case COMP/M.4110 — E.ON/ENDESA, of 25.4.2006, paragraph 10, p. 3.
Case COMP/M.3696 — E.ON/MOL, of 21.1.2005, paragraph 223, Case COMP/M.5467 — RWE/ESSENT, of 23.6.2009, paragraph 23.
According to Federal Cartel Office Opinion (EN translation), p. 5.
According to Federal Cartel Office Opinion (EN translation), p. 5.
The remuneration of an individual operator may nevertheless vary depending on whether he will manage to market his electricity at a price above the monthly average price.
Commission Decisions 2008/585/EC (OJ L 188, 16.7.2008, p. 28, recital 9) and 2008/741/EC (OJ L 251, 19.9.2008, p. 35, recital 9) and Case COMP/M.3440 — ENI/EDP/GDP, of 9.12.2004, paragraph 23.
Commission Decision 2010/403/EC (OJ L 186, 20.7.2010, p. 44, recital 9).
Case COMP/M.3268 — SYDKRAFT/GRANINGE, of 30.10.2003, paragraph 27 and Case COMP/M.3665 — ENEL/SLOVENSKE ELEKTRARNE, of 26.4.2005, paragraph 14.
Commission Decisions 2009/47/EC (OJ L 19, 23.1.2009, p. 57); 2008/585/EC, 2008/741/EC, 2007/141/EC (OJ L 62, 1.3.2007, p. 23), 2007/706/EC (OJ L 287, 1.11.2007, p. 18), 2006/211/EC (OJ L 76, 15.3.2006, p. 6) and 2006/422/EC (OJ L 168, 21.6.2006, p. 33).
According to Federal Cartel Office Opinion (EN translation) paragraph 2 of page 7.
Cumulated market shares of the first three producers in United Kingdom (39 %), Austria (52 %) and Poland (55 %) have lower values, but the corresponding values in Finland (73,6 %) and Sweden (87 %) are higher.
The production is calculated taking into account the own power stations, the shares in jointly owned power stations and the long-term output secured on a contractual basis (drawing rights).
According to Federal Cartel Office Opinion (EN translation) paragraph 3 of page 7.
http://ec.europa.eu/energy/gas_electricity/legislation/doc/20100609_internal_market_report_2009_2010.pdf
See page 7, paragraph 4 of the Commission Staff Working Paper.
Table 3.1 of the Technical Annex, p. 12 of the Technical Annex to Commission Staff Working Paper ‘2009-2010 Report on Progress in Creating the Internal Gas and Electricity Market’ of June 2011.
Herfindahl-Hirschmann Index: it is defined as the sum of the squares of the market shares of each individual firm. As such, it can range from almost 0 to 10 000, moving from a very large amount of very small firms to a single monopolistic producer. Decreases in the HHI generally indicate an increase in competition, whereas increases imply the opposite.
According to Table 2.1, page 6 and Table 2.2, page 7 of the Technical Annex to Commission Staff Working Paper ‘2009-2010 Report on Progress in Creating the Internal Gas and Electricity Market’ of June 2011, 2009 Germany had a customer switching for large industry of 10,7 % in volume and of 15,6 % by eligible meter point.
According to the ‘Monitoring Benchmark Report 2011’ by Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen, page 28, the German wholesale market is extremely liquid. In 2010, the volume of wholesale trade amounts to an estimated 10 600 TWh, which is more than 17 times the actual electricity demand in Germany.
Even though they represent a small part of the total amount of electricity produced and/or consumed in a Member State, the functioning of the balancing mechanisms should also be considered as an additional indicator. This is because if there is a large difference between the price at which transmission system operators provide balancing power and the price at which they buy back surplus production, this can be a problem for smaller market participants and undermine the development of competition.
Within the meaning of this Decision and in accordance with the EEG, ‘EEG installation’ means any facility generating electricity from renewable energy sources or from mine gas. Installations generating electricity from renewable energy sources or from mine gas shall also mean all those facilities which receive energy which has been temporarily stored and originates exclusively from renewable energy sources or from mine gas and convert it into electricity; and ‘EEG installation operator’ means anyone, irrespective of the issue of ownership, who uses the installation to generate electricity from renewable energy sources or from mine gas.
Remuneration rates for EEG electricity are regularly above the exchange price, EEG electricity is therefore more expensive than conventionally produced electricity. These additional costs must be borne by energy consumers via the EEG levy (3,5 cents/kWh in 2011).
This phenomenon has been sometimes referred to as ‘Grünstromprivileg’.
The Transmission System Operators estimate the share of such direct marketing (§33b EEG (2012)) at 3,7 % in 2012.
See http://www.eeg-kwk.net/de/file/111115_Eckwerte_Einspeisung_final.pdf
See http://www.eeg-kwk.net/de/file/111115_Eckwerte_Einspeisung_final.pdf
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: